Parents in Juvenile Cases Have Many Rights in Court

A parent who is involved in a case where possible abuse or neglect of a child or children occurred, have many rights in a court of law. These rights include the following:

  1. A parent may choose a lawyer to represent them. If a parent cannot afford to hire a lawyer, the judge will appoint one. It is the parent's responsibility to maintain contact with the lawyer.
  2. A parent may participate in court hearings so that they can understand what is happening and what is being said. A parent can offer information about what occurred.
  3. A parent should receive a written notice (called a summons) telling them what kind of court hearing they must attend, where it is held and when it will take place.
  4. A parent should also receive a written statement (called a petition) that tells them why their case is in court and what people say they are accused of having done. The petition usually comes with the summons.
  5. A parent can offer evidence to the judge in the case, or have witnesses give evidence on their behalf.
  6. A parent or his or her attorney may ask questions of anyone who presents information before the judge.
  7. A parent is entitled to know what is in their court file and what is in most of the reports that are given to the court.
  8. A parent whose child was removed from the home should be told what they need to do in order to have their child returned and how to get help to do so.
  9. A parent has the right to receive assistance from a language or sign interpreter if a language other than English is spoken or if the parent is hearing-impaired.
  10. A parent whose child has been placed outside his or her care has the right to see the child at least once a week unless the judge waives the right. The visits may be supervised by a caseworker or another person identified by the caseworker.
  11. A parent may ask for a continuance (or postponement) if unready for their case to be heard by the judge. If the judge grants the continuance, the hearing will be held at a later time.
  12. A parent should expect to receive a copy of the judge's written decision.
  13. A parent who disagrees with the judge's decision can appeal that decision, meaning the case can be taken to a higher court.

Children in juvenile court cases will have their own lawyer. The judge will appoint an adult, usually a lawyer, as a "guardian ad litem," to represent them. Parents cannot use the children's lawyer, nor can the child use the parents' lawyer.

 

© Illinois State Bar Association

If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.